The UK Competition Commission (CC) made a series of errors, both in its assessment of the Live Nation/Ticketmaster merger and in applying the ‘substantial lessening of competition’ test (SLC), according to the European ticketing company CTS Eventim. Eventim has lodged an appeal against the CC’s decision in December to overturn its provisional ruling blocking the merger (AP208). The news comes just as the US Department of Justice and the Canadian Commissioner of Competition cleared the merger in their respective countries. The CC ruled that “the proposed merger was unlikely to have a significant effect on the prospects for Eventim succeeding as a primary retailer of live music tickets”. Eventim is now claiming that the CC “denied... its right to a fair hearing, depriving Eventim of a reasonable opportunity to respond”, that its assessments were based on incomplete or erroneous information, and that “it acted unreasonably, [and] failed to take account of relevant considerations” in assessing the effect of the merger on the market. Eventim has applied for the decision to be quashed and referred back to the CC for reconsideration. It has also applied for costs. The appeal is due to be heard by the Competition Appeals Tribunal on 17–18 March.
